The Yale Law Journal Online: I Say Dissental, You Say Concurral

The Yale Law Journal Online has just published I Say Dissental, You Say Concurral, by Chief Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit and attorney James Burnham. In the essay, Kozinski and Burham examine the trend of “dissentals” and “concurrals,” through which circuit judges write dissents from, and concurrences in, orders denying rehearing en banc. Although many have disparaged the practice, Kozinski and Burnham argue that dissentals and concurrals have become “an established and useful part of the appellate process.”

1 Response

Interesting. I like that the various purposes of dissents (or dissentals) are listed with examples. Its helpful when things are combined in one place like that.

Such separate opinions also provide people like Kozinski to do what they do best — express themselves in written opinions. Separate opinions provide a personal touch and inform on topics that the majority might wish to pass over.